Phenols (phenol; phenolic isomers of the following: cresols, xylenols, monoethylphenols); compounds of phenols with a metal, 60% w/w of phenols or, for compounds of phenols with a metal, the equivalent of 60% w/w of phenols

Phenols (as defined in part 2 of this schedule) in substances containing no more than 60%, weight in weight, of phenols; compounds of phenols with a metal in substances containing no more than the equivalent of 60%, weight in weight, of phenols

The selling chemical products responsibly leaflet and poster provide advice to managers on how to alert your staff to suspicious transaction reporting requirements. As described in the leaflet, you will need to identify your affected products, make a note of them on the poster and place the poster in a position where it can be easily seen by your staff, but as far as possible, hidden from view to customers.

3. Offences

The Poisons Act 1972 as amended introduces the following offences:

1) the supply of a regulated substance to a member of the general public

(a) without first verifying that the member of the general public has a licence to acquire, import, possess and use that substance

on conviction on indictment: imprisonment for a term not exceeding 2 years or a fine (or both)

on summary conviction: in England and Wales, imprisonment for a term not exceeding 3 months or to a fine (or both)

in Scotland, imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale (or both)

(b) without first entering details of the transaction on the licence

on summary conviction: a fine not exceeding level 2 on the standard scale

(c) without first ensuring that a warning label is affixed to the packaging in which the substance is supplied

on summary conviction: a fine not exceeding level 2 on the standard scale.

on summary conviction: in England or Wales, imprisonment for a term not exceeding 3 months or to a fine (or both)

in Scotland, imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale (or both)

3) failure to comply with regulations about poisons and explosives precursors.

on summary conviction: a fine not exceeding level 4 on the standard scale and for every day subsequent to conviction, a fine not exceeding one-tenth of level 1 on the standard scale

Please note that provisions relating to possession and use only apply after 3 March 2016.

This leaflet and poster provides advice to managers on how to alert your staff to suspicious transaction reporting requirements. As described within the leaflet, you will need to identify your affected products, make a note of them on the poster and place the poster in a position where it can be easily seen by your staff, but as far as possible, hidden from view to customers.

4. Licence verification

If a customer requests to purchase a regulated substance above the concentration threshold, you should:

Ask to see their licence and associated photographic ID.

Compare the photograph to the customer.

Verify the photographic ID reference against the ID reference on the front page of the licence.

Check the product being purchased is allowed as part of the licence conditions: substance, concentration, quantity

Record the transaction details in the table on the back of the licence.

If it is a regulated poison and you are not a registered pharmacist or operating under the supervision of a registered pharmacist, refuse the sale. If it is a regulated poison an you are a registered pharmacist, or operating under the supervision of a registered pharmacist, enter the transaction details into your poisons register.

6. Background legislation

EU regulation 98/2013 on the marketing and use of explosives precursors requires EU member states to restrict sales of certain substances and mixtures that can be misused for the illicit manufacture of explosives.

On 26 March 2015, the Poisons Act 1972 was amended via the Deregulation Act 2015 and the Control of Poisons and Explosives Precursors Regulations 2015 were introduced to create a cohesive regime to control sales of explosives precursors and poisons. All licences issued under the 2014 regulations will continue to remain valid until expiration.

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